Martinez v. Kelly

SUMMARY ORDER

Petitioner-appellant Lorenzo Martinez appeals from a final judgment of the United States District Court for the Southern District of New York (Batts, J.) entered on April 5, 2004, dismissing in its entirety his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This Court granted a certificate of appealability on the single issue of Martinez’s Batson claim. We assume the parties’ familiarity with the underlying facts and procedural history of the case.

Martinez argues that the Appellate Division unreasonably applied clearly established Supreme Court precedent when…